Conlan v Pratt (No 2) [2013] FCA 105

Conlan v Pratt (No 2) [2013] FCA 105

The Federal Court of Australia Act 1976 (Cth) s 35A(1) permits delegation of judicial power to registrars provided supervision and control is maintained by Chapter III judges, the appointment of the official liquidator by Registrar was validly delegated and supported by both statute and authority.

Parties
Applicant: Mark Anthony Conlan; First Respondent: Michael Robert Anthony Pratt; Second Respondent: Southland Agribusiness Holdings Pty Ltd ACN 109 068 242
Jurisdiction
Australia
Judgment Date
08 February 2013
Procedural Posture
Corporations / Final Judgment
Outcome
Application granted; declaration and orders made
Legal Topics
Delegation of Judicial Power, Validity of Registrar Orders, Liquidation, Supervision and Control of Judicial Officers
Corporations Law Constitutional Law Civil Procedure Delegation of Judicial Power Validity of Registrar Orders Liquidation Supervision and Control of Judicial Officers

Case Brief

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Parties

Mark Anthony Conlan

Applicant

Michael Robert Anthony Pratt

First Respondent

Southland Agribusiness Holdings Pty Ltd ACN 109 068 242

Second Respondent

Procedural Posture

Corporations / Final Judgment

Legal Issues

  1. 1 Validity of order made by Registrar appointing an official liquidator under s 472 of the Corporations Act 2001 (Cth)
  2. 2 Whether power was validly delegated to Registrar pursuant to s 35A(1) of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

The Federal Court of Australia Act 1976 (Cth) s 35A(1) permits delegation of judicial power to registrars provided supervision and control is maintained by Chapter III judges, the appointment of the official liquidator by Registrar was validly delegated and supported by both statute and authority.

Court Disposition

Application granted; declaration and orders made

Orders

  • The disposition of the truck with registration number KBC 686A (formerly, 1CBA 538) from PB Enterprises (WA) Pty Ltd to the second respondent is void.
  • The second respondent deliver the Truck into the custody of Ross's Auctioneers & Valuers at Lot 5 Great Eastern Highway, Kalgoorlie within 7 days of this order.